Legal Question in Family Law in Indiana
Child support for adult child
My husband pays support for his children. His 19 year old son who is still in high school moved out of his mothers house and is on his own. My husband still pays support for him and his sister still at home. Does my husband still have to pay suppport for his son who is no longer in the custodial mothers home?
1 Answer from Attorneys
Re: Child support for adult child
Indiana courts issue child support orders in two ways: Either as a lump sum order for all children or a per child order. When a child leaves the custodial parent's home, he or she may be treated as emancipated by the courts and support discontinued for that child (when a per child order) or modified for the remaining child (a lump sum order). The sooner a petition is filed to modify the support, no matter when the hearing is held, the court can back date the change to the date the petition was filed. Only when a child reaches 21 and the order is per child can one discontinue payment without a court hearing.
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